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(영문) 인천지방법원 2018.07.10 2016가합58054
공사대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 39,341,327 on December 7, 2016 and the Plaintiff’s counterclaim on December 10, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 23, 2015, the Plaintiff entered into a contract for construction works with the Defendant for the construction of a new building in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant construction”) with the contract amount of KRW 319,00,000 (including value-added tax) and the construction period of the construction from October 5, 2015 to January 25, 2016 (hereinafter “instant contract for construction works”).

The details of the instant construction contract are as follows.

Standard subcontract agreement for private construction works

1. Construction name: The construction name of the construction process of the new building in Bupyeong-gu Incheon Metropolitan City;

2. The construction site: Bupyeong-gu Incheon Metropolitan City B.

3. Date of commencement: The scheduled date of completion on October 4, 2015: 319,000,000 won: The value of supply in the amount of 319,00,000 won on January 25, 2016: 29,000,000 won: 29,000 won.

6. Advance: 29,000,000 won;

8. The completed portion (including VAT): The warranty liability rate of 2/100 of the warranty bond rate for delay on December 12, 200: Article 1 (Basic Principles) of the General Conditions for the Contract for Private Construction Works (hereinafter “A”) ① The principal contractor (hereinafter “B”) and the subcontractor (hereinafter “B”) shall cooperate on an equal footing and faithfully perform the contract in good faith.

Article 14 (Change or Suspension of Construction Works) (1) A shall deliver to B in advance a modified contract, etc. where the contents of construction are modified or added or where construction works are temporarily suspended for all or part of construction works at the request of the project owner or at the request of the project owner.

(2) With respect to the volume of construction works additionally constructed by Eul under the direction of Gap, the amount of increase shall be paid to Eul as it is deemed that Gap has failed to obtain any increase from the project owner.

Article 14-2 (Change of Contract Price due to Modification of Design) (5) Where the volume of construction work increases or decreases under the direction of A, A and B shall determine the amount of money for the increased or decreased volume of construction work before the construction work is performed.

However, there is an urgent situation.

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